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S.D.N.Y.Procedural orderFiled June 8, 2020

Charlton v. Dos Toros LLC

Judge
Vyskocil
Docket
1:19-cv-05958
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Charlton v. Dos Toros LLC, Judge Vyskocil dismissed the settled action without costs, allowing restoration by July 8, 2020, or dismissal with prejudice.

Who this affects

Austin Charlton and the defendants in the action, including Dos Toros LLC.

What happened

Charlton v. Dos Toros LLC was reported settled by a mediator, but the opinion does not describe the underlying claims or settlement terms.

The court discontinued the action without costs to any party and allowed either side to ask to restore it to the court’s calendar by July 8, 2020.

Judge Mary Kay Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Charlton v. Dos Toros LLC · No. 1:19-cv-05958
Judge
Vyskocil
Date
June 8, 2020

Background

The mediator reported to the court that the case had been settled. The opinion does not state the claims, the settlement’s terms, or whether either party admitted wrongdoing.

Court’s action

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s calendar if an application to restore it was made by July 8, 2020. The court further ordered that if no such application was made by that date, the dismissal would be with prejudice, meaning the action could not be restored through that procedure.

Disposition

Judge Mary Kay Vyskocil entered an order of dismissal based on the reported settlement. The order did not decide the merits of the parties’ underlying dispute.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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